Lukaszczyk v. Cook Cnty.
| Decision Date | 29 August 2022 |
| Docket Number | 21-3200, No. 21-3231, No. 21-3371 |
| Citation | 47 F.4th 587 |
| Parties | Barbara LUKASZCZYK, et al., Plaintiffs-Appellants, v. COOK COUNTY, et al., Defendants-Appellees. John Halgren, et al., Plaintiffs-Appellants, v. City of Naperville, et al., Defendants-Appellees. Scott Troogstad, et al., Plaintiffs-Appellants, v. City of Chicago and Jay Robert Pritzker, Governor, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Jonathan Lubin, Attorney, Law Office of Jonathan Lubin, Skokie, IL, for Plaintiffs-Appellants.
Silvia Mercado Masters, Prathima Yeddanapudi, Attorneys, Office of the Cook County State's Attorney, Chicago, IL, Jessica M. Scheller, Attorney, Office of the Cook County State's Attorney, Civil Actions Bureau, Chicago, IL, for Defendant-Appellee Cook County, Illinois.
Gregory H. Andrews, Anderson Franklin, Attorneys, Jackson Lewis P.C., Chicago, IL, for Defendant-Appellee Hektoen Institute for Medical Research.
Frank Henry Bieszczat, Attorney, Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendant-Appellee Jay R. Pritzker, Governor.
Jennifer M. Lutzke, Kristen Toberman, Attorneys, City of Naperville, Naperville, IL, for Defendant-Appellee City of Naperville.
Patrick S. Coffey, Robert M. Romashko, Attorneys, Husch Blackwell LLP, Chicago, IL, for Defendant-Appellee Edward-Elmhurst Healthcare.
William R. Pokorny, Michael A. Warner, Jr., Erin K. Walsh, Attorneys, for Defendant-Appellee City of Chicago.
Before Brennan, Scudder, and St Eve, Circuit Judges.
In these appeals, which we consolidate for decision, three district judges denied motions for preliminary injunctions against state and local COVID-19 vaccine mandates. The plaintiffs argue the mandates violate their constitutional rights to substantive due process, procedural due process, and the free exercise of religion. They also contend the mandates violate Illinois state law. Although the plaintiffs could have presented some forceful legal arguments, they have failed to develop factual records to support their claims. Because the plaintiffs have not shown a likelihood of success on the merits, we affirm the decisions of the district judges.
In response to the COVID-19 pandemic, state and local authorities in Illinois enacted a series of mandates and restrictions. The State of Illinois, Cook County Health and Hospitals System, the City of Chicago, and the City of Naperville each issued an order, policy, or directive requiring certain employees to vaccinate or regularly test for the virus. Employees who failed to comply with the mandates would be subject to disciplinary action, including possible termination. We begin by briefly summarizing each of the relevant state and local policies.
The 2021 Illinois Mandate. On September 3, 2021, Governor Pritzker used his emergency powers under the Illinois Emergency Management Agency Act, 20 ILL. COMP. STAT. 3305/1 et seq. , to issue Executive Order 2021–22 ("2021 Order"). The 2021 Order requires certain healthcare workers to vaccinate, or test at least weekly, for COVID-19. Workers who fail to comply with the mandate will not be permitted on the premises of a healthcare facility. Under the 2021 Order, a "Health Care Worker" is defined as "any person who (1) is employed by, volunteers for, or is contracted to provide services for a Health Care Facility, or is employed by an entity that is contracted to provide services to a Health Care Facility, and (2) is in close contact" with other persons in the facility for a specified amount of time. Initially, a "Health Care Facility" included "any institution, building, or agency ... whether public or private (for-profit or nonprofit), that is used, operated or designed to provide health services, medical treatment or nursing, or rehabilitative or preventive care to any person or persons." According to the Order, "hospitals" and "emergency medical services" met this definition.
A worker is exempt from the vaccination requirement if "(1) vaccination is medically contraindicated," or "(2) vaccination would require the individual to violate or forgo a sincerely held religious belief, practice, or observance." But exempt workers still need to "undergo, at a minimum, weekly testing." The 2021 Order also provides that "[s]tate agencies ... may promulgate emergency rules as necessary to effectuate" it.
The 2021 Order states it is intended to reduce COVID-19 exposure and transmission: "health care workers, and particularly those involved in direct patient care, face an increased risk of exposure to COVID-19." Requiring these workers to receive a "vaccine or undergo regular testing can help prevent outbreaks and reduce transmission to vulnerable individuals who may be at higher risk of severe disease." The Order states that "stopping the spread of COVID-19 in health care settings is critically important because of the presence of people with underlying conditions or compromised immune systems."
The 2022 Illinois Mandate. Ten months later, on July 12, 2022, Governor Pritzker issued Executive Order 2022–16 ("2022 Order"), which re-issued and modified the 2021 Order. The 2022 Order removes "emergency medical services" and "IDPH licensed emergency medical service vehicles" from the definition of a "Health Care Facility." It also requires that certain healthcare workers undergo weekly or biweekly testing only when the level of COVID-19 Community Transmission is moderate or high, depending on the type of facility.
The Cook County Mandate. Cook County Health and Hospitals System ("Cook County Health") is an agency of Cook County, Illinois. On August 16, 2021, it issued a vaccination policy ("County Health Vaccination Policy") that required all personnel be fully vaccinated by September 30, 2021 as a condition of their employment.1 The policy applies to all Cook County Health personnel, including contractors like the Hektoen Institute for Medical Research, LLC, a nonprofit organization that administers medical research grants. Failure to comply with the County Health Vaccination Policy "constitute[s] gross insubordination and will result in disciplinary action, up to and including termination."
The policy permits exemptions "based upon a disability, medical condition, or sincerely held religious belief, practice, or observance." Exemption requests are considered individually. When reviewing an exemption request, Cook County Health considers: (1) "the duration of the request (either permanent in the case of exemptions or temporary in the case of deferrals)," (2) "the nature and severity of the potential harm posed by the request," (3) "the likelihood of harm," and (4) "the imminence of the potential harm." Exempt personnel are still "required to comply with preventive infection control measures established by the Health System," which could include conditions "such as job location, job duties, and shift, but will minimally include weekly COVID-19 testing and enhanced [personal protective equipment] protocols." At first, Cook County Health decided to reject any religious accommodation request made by a person who had previously taken the flu vaccine. It remains unclear whether this approach was formally reversed, but there is no dispute that Cook County Health later decided to grant religious exemptions.
The City of Chicago Mandate. On October 8, 2021, the City of Chicago issued a COVID-19 Vaccination Policy ("Chicago Vaccination Policy"), which required all City employees to be fully vaccinated by the end of the calendar year. Effective October 15, 2021, all employees, "as a condition of employment," had to "either be fully vaccinated against COVID-19" or undergo testing on a "twice weekly basis with tests separated by 3-4 days." Employees are "responsible for obtaining tests on their own time and at no cost to the City." The testing option expired at the end of the year, at which point employees would need to be fully vaccinated. The Chicago Vaccination Policy permits accommodations for a disability, medical condition, or sincerely held religious belief. To receive a religious accommodation, an employee must fill out a request form, including the reason for the exemption, the religious principle that conflicted with being vaccinated, and the signature of a religious leader.
The City of Naperville Mandate. On September 9, 2021, the City of Naperville issued "Naperville Fire Department Special Directive #21-01" ("Naperville Special Directive"). Under that directive, emergency medical technicians and firefighters employed by Naperville are required to either produce weekly negative COVID-19 tests or show proof of vaccination. This mandate is effectively coterminous with the State of Illinois's 2021 Order.
Three lawsuits were filed in the Northern District of Illinois, each challenging the Governor's 2021 Order and one of the local mandates.
In Troogstad v. City of Chicago , a group of City employees ("Troogstad plaintiffs") challenged the Chicago Vaccination Policy and the 2021 Order. They claimed the regulations violated their rights to bodily autonomy under the constitutional doctrines of substantive due process, procedural due process, and the free exercise of religion. They also claimed the policies violated the Illinois Health Care Right of Conscience Act. The Troogstad plaintiffs petitioned for a temporary restraining order against the enforcement of the policies, which Judge John Lee denied. They then moved for a preliminary injunction. The Troogstad plaintiffs declined to supplement the record with witnesses and limited discovery, instead filing a supplemental brief in support of their motion. Judge Lee denied that motion, and the Troogstad plaintiffs appeal that decision.
In Lukaszczyk v. Cook County , a group of Cook County Health and Hektoen employees ("Lukaszczyk plaintiffs") challenged the County Health Vaccination Policy and the 2021 Order. They brought claims...
To continue reading
Request your trial
-
Brandon v. Bd. of Educ.
... ... 2021) (denying injunctive relief) ... Similarly, ... in Lukaszczyk v. Cook Cnty. , the Seventh Circuit ... reviewed three state and local vaccination policies ... ...
- Dorsey v. Varga
-
Bevis v. City of Naperville
... ... federal court must demonstrate standing to do so.” ... Hero v. Lake Cnty. Election Bd. , 42 F.4th 768, 772 ... (7th Cir. 2022) (quoting Hollingsworth v. Perry , 570 ... from suit. See, e.g. , Lukaszczyk v. Cook ... County , 47 F.4th 587, 604 (7th Cir. 2022); Hans v ... Louisiana , 134 ... ...
-
The Bail Project, Inc. v. Comm'r, Ind. Dep't of Ins.
... ... remaining preliminary injunction elements. See Lukaszczyk ... v. Cook County , 47 F.4th 587, 598 (7th Cir. 2022) ... B ... ...